Preview
FILED: SUFFOLK COUNTY CLERK 05/17/2024 03:22 PM INDEX NO. 606509/2024
NYSCEF DOC. NO. Case
14 1:24-cv-03607 Document 1 Filed 05/17/24 Page 1 of 4RECEIVED
PageID #: 1
NYSCEF: 05/17/2024
UNITEDSTATESDISTRICT COURT
EASTERNDISTRICT OF NEWYORK
MARIA DAVANZO, )
)
Plaintiff, )
)
v. )
)
SELENEFINANCELP; SHELLPOINT 24 Civ. 3607
MORTGAGE
)
CASENO.
SERVICING; TRANS )
UNION, LLC; EQUIFAXINFORMATION )
SERVICES, LLC; and EXPERIAN )
INFORMATIONSOLUTIONS,INC., )
)
Defendants. )
)
NOTICE OFREMOVAL
Sean Skedzielewski
JONESDAY
250 Vesey Street
New York, NY 10281
Telephone: 212.326.3462
Facsimile: 212.755.7306
Email: sskedzielewski@jonesday.com
Attorneyfor Defendant
Experian information Solutions, Inc.
FILED: SUFFOLK COUNTY CLERK 05/17/2024 03:22 PM INDEX NO. 606509/2024
NYSCEF DOC. NO. Case
14 1:24-cv-03607 Document 1 Filed 05/17/24 Page 2 of 4RECEIVED
PageID #: 2
NYSCEF: 05/17/2024
Pursuant to 28 U.S.C. § 1441 et seq., Defendant Experian Information Solutions, Inc.
("Experian"), hereby files this Notice of Removal of the above-captioned action to this Court and
state as follows::
1. Experian, Selene Finance LP ("Selene"), Trans Union, LLC ("Trans Union"),
Shellpoint Mortgage Servicing ("Shellpoint"), and Equifax Information Services, LLC
"Equifax,"
(individually collectively, "Defendants") are named Defendants in Civil Action No.
606509/2024 filed by Plaintiff Maria Davanzo ("Plaintiff") in the Supreme Court for the State of
NewYork, County of Suffolk (the "State Court Action").
2. The Complaint in the State Court Action was filed with the Clerk of the Supreme
Court on March 13, 2024.
3. This Notice is being filed with this Court within thirty (30) days after Experian
received a copy of Plaintiff's initial pleading setting forth the claims for relief upon which
Plaintiff's action is based.
4. This Court is the proper district court for removal because the State Court Action
is pending within this district.
5. Pursuant to 28 U.S.C. § 1446(a), a copy of all process, pleadings, and orders served
upon Defendants in the State Court Action is attached hereto as Exhibit A.
6. Experian is a coÆoration which, for monetary fees, regularly engages in whole or
in part in the practice of assembling consumer credit information or other information on
consumers for the purpose of furnishing consumer reports to third parties. Experian uses means
or facilities of interstate commerce for the purpose of preparing or furnishing consumer reports,
agency"
and therefore is a "consumer reporting within the meaning of 15 U.S.C. § 1681a(f).
2
FILED: SUFFOLK COUNTY CLERK 05/17/2024 03:22 PM INDEX NO. 606509/2024
NYSCEF DOC. NO. Case
14 1:24-cv-03607 Document 1 Filed 05/17/24 Page 3 of 4RECEIVED
PageID #: 3
NYSCEF: 05/17/2024
7. Equifax and Trans Union are companies which, for monetary fees, regularly engage
in whole or in part in the practice of assembling credit information or other information on
consumers for the purpose of furnishing consumer reports to third parties. Equifax and Trans
Union use means or facilities of interstate commerce for the purpose of preparing or furnishing
agency"
consumer reports, and therefore each are a "consumer reporting within the meaning of 15
U.S.C. § 1681a(f).
8. Selene is a limited partnership which regularly furnishes information to one or more
consumer reporting agencies about its transactions or experiences with consumers, and therefore
information"
is a "furnisher of within the meaning of 15 U.S.C. § 168ls-2.
9. Shellpoint is a company which regularly furnishes information to one or more
consumer reporting agencies about its transactions or experiences with consumers, and therefore
information"
is a "furnisher of within the meaning of 15 U.S.C. § 168ls-2.
10. The claims for relief against Defendants alleged in the State Court Action arise
under the Fair Credit Reporting Act, 15 U.S.C. §§ 168I et seq. Thus, this Court has original subject
matter jurisdiction over the above-captioned action pursuant to 28 U.S.C. § 1331 and 15 U.S.C. §
168lp. The above-captioned action may properly be removed to this United States District Court
pursuant to 28 U.S.C. § 1441(a).
11. Defendants that have been served with the summons and complaint in the State
Defendants'
Court Action consent to removing the above-captioned action to this court. consents
to removal are attached hereto as Exhibits B, C, and D. While Shellpoint consents to removal, it
has not yet been served with summons and complaint in this action and therefore its consent to
removal is not required. 28 U.S.C. § 1446(b)(2)(A).
3
FILED: SUFFOLK COUNTY CLERK 05/17/2024 03:22 PM INDEX NO. 606509/2024
NYSCEF DOC. NO. Case
14 1:24-cv-03607 Document 1 Filed 05/17/24 Page 4 of 4RECEIVED
PageID #: 4
NYSCEF: 05/17/2024
12. Promptly after the filing of this Notice of Removal, Defendants shall provide notice
of the removal to Plaintiff through her attorney of record in the State Court Action, and shall file
a copy of this Notice with the clerk of the Court in the State Court Action, as required by 28 U.S.C.
§ 1446(d).
Dated: May 17, 2024 Respectfully submitted,
Sean Skedzielewski
JONESDAY
250 Vesey Street
NewYork, NY 10281
Telephone: 212.326.3462
Facsimile: 212.755.7306
Email: sskedzielewski@jonesday.com
Attorney f?>r Defendant
Experian Information Solutions, Inc.
4
FILED: SUFFOLK COUNTY CLERK 05/17/2024 03:22 PM INDEX NO. 606509/2024
NYSCEF DOC. NO.Case
14 1:24-cv-03607 Document 1-1 Filed 05/17/24 Page 1 ofRECEIVED
2 PageID NYSCEF:
#: 5 05/17/2024
JS 44 (Rev. 03/24) CIVIL COVERSHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the f ling and service of pleadings or other papers as required by law. except as
provided by local rules of court This form. approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INS11)UTIoNSimNEYrPAGE of TIflS FoRM)
L (a) PLAINTIFFS DEFENDANTS
Maria Davanzo Serene Finance LP, ShellpointMortgageServicmg.Trans Union, tr£ Equifax nformation
Services. LLC; and Experian Information Solutions. Inc
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(li.WEPT IN l J.K PIAINTIFI-TASES) (IN l S. PIAINT/f F r 4,8F.50.VI.r
NOTE: INLANDCONDEMNATION CASE5.USETHFI.OCATION OF
THETRACTOFLANDINVOLVED
(c) Attorneys (Firm Mune. Athlress, mid Telephmw Munher) Attorneys (/( Known)
John R. Byrnes, 53 Main Street, Suite 1, Sayville, NY Sa°ª",Sc
11782
II. BASIS OF JURISDICTION (PHe an r mone nox only/ III. CITIZENSHIP OF PRINCIPAL PARTIES,rare
(For Ihversrty ( 'ases only)
an r mone æxlar Plumult
arul one nox tor Ikjetulant)
¡ I U.S. Government ¡3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. tiovernment Not a ParF·) Cigizen of This Sgage ¡ I ¡ I Incorporated or Pnncipal Place
of Busmess In This State
¡ 4 ¡ 4
¡ 2 U.S. Governmeng
Defendant
¡ 4 Diversity
(Indocate Cou:enslup of Parnes mitem Ill)
Citizen of Anogher State ¡ 2 O 2 Incorporated ar«l Pnncipal Place
of Busmess In Another State
¡ 5 O S
Citizen or Subjecaofa
Foreign Country
¡ 3 O 3 Foreign NatNn ¡ 6 ¡ 6
IV. NATUREOF SUIT (PHe an "x" mone nox onlv/ Jick here for: Nature of S iit Code Descriptions.
CONTRACT TORTS FORFEITURElPENALTY BANKRUPTCY OTHER STATUTES
I 10 Insurance PERSONA L IN.IURY PERSONAL INJURY ]625 Drug Related Seizure 422 Appeal 28 USC158 375 False ClaumsAct
120 Manne
130 Miller Act
3l0 Airplane
3 l5 Airplane Product
¡
365 Personal Injury -
Product Liabiligy
of Property 21 USC881
]690 Ogher
423 Withdrawal
28 USC157
376 QHTam(3 I USC
3129(a))
140 Negoliable Instrument Liability ¡
367 Heahh Care/ INTELLECTUAL 400 SgageReappornonment
¡ 150 Recovery of Overpaymeng
& Enforcement of Judgment
] 320 Assauh. Libel &
Slander
Pharmaccugical
Personal hijury
PROPERTY RIGHTS 410 Auntrust
Employers' 820 Copynghgs _ 430 Banks and Bankmg
15I Medicare Aeg ] 330 Federal Product Liability _ 450 Commerce
O
830 Patent
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated - 460 Deponanon
Student Loans 340 Marine Injury Product New Drug Appheation - CORacketeer Influenced and
¡
(Excludes Vegerans) 345 Marine Product Liability
] 840 Trademark Corrupt Orgamzanons
153 Recovery of Overpayment
of Veteran's Benefus
Liability
350 Motor Vehicle
PERSONAL
PROPERTY
370 Other Fraud 710 Fair Labor Standards
] 880 Defend Trade Secregs Ej 480 Consumer Credu
(15 USC1681or 1692)
¡ 160
Stockholders'
Suits 355 Motor Vehicle 371 Truth mLendmg Act
Act of 2016
] 485 Telephone Consumer
¡ 190 Other Contract Product Liabibly ¡ 380 Other Personal ]720 Labor Management SOCIALSECURITY Protection Act
I 195 Contract Producg Liabiligy ] 360 Ogher Personal Property Damage Relagions 86 I HIA (1395ff) 490 Cable/SagTV
196 Franchise Injury ¡ 385 Propeny Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securines Commodit es
] 362 Personal Injur) - Product Liabghty 751 Family and Medical W
863 DIWC/DIW (405:g)) Exchange
Medical Malpractice Leave Act 864 SSIDTitic XVI ] 890 Other Statutory Actions
REALPROP --CNIL-RY0HTS PRISONER
PETITIONS j 790 Other Labor Litigation 865 RSI (405(g)) ] 891 Agncultural Acts
210 Land Condemnanon j 440 Other Civil Rights Habeas Corpus: J 791 Employee Retirement 893 Environmental Alatters
220 Foreclosure ] 44 I Votmg 463 Alien Detamee Income Secunty Act 895 Freedom of Infonnation
230 Rent Lease & Ejectmeng
240 Torts to Land
442 Employmeng
443 Housmg/
510 Motens to Vacate
Sengence
] 870 Taxes (U,S. Plaintiff
or Defendant)
Act
896 ArbitratNn
245 Tort Product Liabahty Accommodatens ] 530 General ] 871 IRS-Third Party 899 Admemstrain e Procedure
¡ 290 All Other Real Propergy ] 445 Amer w. Disabahties -
Employment
] 535 Death Penahy 26 USC7609 Act/Review or Appeal of
_ Other: 462 Naturahzanon Apphcation Agency Decison
] 446 Amer. w.Disabahties -
Other
_ 540 Mandamus& Other
550 Civil Rughts
465 Other immigranon
Acuons
] 950 Consatunonauts of
State Statutes
] 448 Education 555 Prison Condition
560 Civil Detamee -
ConditNns of
Confinement
V. ORIGIN (Place an mone nox onlv/
.1
I Origmal
Proceedmg
2 Removedfrorn
State Court
C 3 Remanded from
Appellate Court
4 Remstated or
Reopened
5 Transferred
Another
from
District
6 Multidistrict
Litigation -
8 Multidistrget
Litigation ·
(specify) Transfer Direct File
Cite the U.S. Civ1l Statute under which you are Iibng (no not cite juriulictional statures unless diversiO-):
15 U.S.C 1681
VI. CAUSEOFACTION Brief description of cause:
Allegedly knowing and wrongful false credit reporting
VII. REQUESTEDIN CHECKIF THIS IS A CLASSACTION DEMAND
S CHECKYESonly if demanded mcomplaint.
COMPLAINT: UNDERRULE23, F.R.Cy P JURYDEMAND: Yes No ¡
VIII. RELATEDCASE(S)
(See mstructu.msr
JUDGE DOCKETNUMBER
'
DATF SIGN, UREOFATTORNE OF CORD
May 17, 2024
FOROFFICEt SEONL
RECElPT# AMOh,NT APPLYING
IFP JUDGE MAG.JUDGE
FILED: SUFFOLK COUNTY CLERK 05/17/2024 03:22 PM INDEX NO. 606509/2024
NYSCEF DOC. NO.Case
14 1:24-cv-03607 Document 1-1 Filed 05/17/24 Page 2 ofRECEIVED
2 PageID NYSCEF:
#: 6 05/17/2024
CERTIFICATIONOFARBITRATIONELIGIBILITY
Local Arbitration Rule 83 7 provides that with certain exceptions, actions seeking moneydamages only man amount not excess of $ 150.000, m
exclusive of interest and costs. are eligible for compulsory arbitration The amount of damages is presumed to be below the threshold amount unicss a
certification to the contrary 1s filed
Case is Ehgible for Arbitration
|, SeanSkedzielowski ._ . counsel for ExpenanInfounape Spwions6. do hereby certify that the above captioned civil action as mehgible for
compulsory arbitration for the following reason(s):
monetary damages sought are in excess of $150.000. exclusive of interest and costs,
the complaint seeks injunctive relIef,
the matter is otherwise ineligible for the following reason
STATEMENT- FEDERALRULESCIVIL PROCEDURE
DISCLOSURE 7
Identify any parent corporation and any publicly held corporation that owns 10%or more or its stocks:
Experian plc indirectly owns 100 percent of Experian Information Solutions, Inc. Experian plc is
registered as a public company in Jersey, Channel Islands, and is publicly traded on the London Stock
Exchange.
RELATEDCASESTATEMENT(Section VIll on the Front of this Form)
'related-
Please list all cases that are arguably related pursuant to Division of Business Rule 3 anSection Vill on the front of this form. Rule 3(a) provides that -A civil case is to another
civil case for purposes of this guideline when because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a substantial saving of
' -
judicial resources is likely to result from assigning both cases to the same judge and magistrate gudge Rule 3(a) provides that A civil case shap not be deemed "relate( to another
civil case merely because the civil case involves identical legal issues, or the same parties." Rule 3 further provides that
"Presumptively, and subject to the power of a judge to determine otherwise pursuant to paragraph (b), civil cases shas not be deemed to be 'related* unless both cases are still pendirtg
court.-
before the
NY-E DMSIONOF BUSINESSRULE 1(d)
1.) Is the civil action being filed in the Eastern District removed from a NewYork State Court located in Nassau or Suffolk
County? Yes No
"no"
2.) If you answered above:
a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof. occur in Nassau or Suffolk
County? Yes No
b) Did the events or omissions givin rise to the claim or claims, or a substantial part thereof, occur in the Eastern
District? Yes No
c) If this is a Fair Debt Collection Practice Act case, specify the County in which the offending communication was
received:
"No,"
Ifyour answer to question 2 (b) is does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in inte leader on, does the claimant (or a majority of the claimants, if there more than one) reside in Nassau or
is
Suffolk County? es No
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts),
BARADMISSION
I am currently admitted in the Eastem District of NewYork and currently a memberIn good standing of the bar of this court
Yes No
Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?
Yes (If yes, please explain No
I certify the accuracy of all information provided above,
Signature: r - 4
LastModJaed I i-27-2017
FILED: SUFFOLK COUNTY CLERK 05/17/2024 03:22 PM INDEX NO. 606509/2024
Case
NYSCEF DOC. NO. 14 1:24-cv-03607 Document 1-2 Filed 05/17/24 Page 1 of 51 PageIDNYSCEF:
RECEIVED #: 7 05/17/2024
EXHIBIT A
FILED: SUFFOLK COUNTY CLERK 05/17/2024
03/13/2024 03:22
08:04 PM INDEX NO. 606509/2024
Case
NYSCEF DOC. NO. 1 1:24-cv-03607 Document 1-2 Filed 05/17/24 Page 2 of 51
14 PageIDNYSCEF:
RECEIVED #: 8 03/13/2024
05/17/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
....------__________--________________________----______________________Ç
MARIA DAVANZO, Index No.
Plaintiff,
Summons
- against -
Plaintiff Designates Suffolk County
SELENE FINANCE LP, SHELLPOINT MORTGAGE as the Place of Trial
SERVICING, TRANS UNION, LLC, EQUIFAX
INFORMATION SERVICES, LLC, and Plaintiff's Address:
EXPERIAN INFORMATION SOLUTIONS INC. 1011 Arctic Avenue
Bohemia, NY 11716
Defendants.
--------------------------------------------------------------------X
TO THE ABOVE-NAMED DEFENDANT:
You are hereby summoned and required to serve upon Plaintiff s attorney, at his address stated
below, an answer to the attached Verified Complaint.
If this summons was personally delivered upon you in the State of New York, the answer must be
served within twenty days after such service of the summons, excluding the date of service. If the
summons was not personally delivered to you within the State of New York, the answer must be
served within thirty days after service of the summons is complete as provided by law.
If you do not serve an answer to the attached complaint within the applicable time limitation
stated above, a judgment may be entered against you, by default, for the relief demanded in the
complaint, without further notice to you.
The action will be heard in the Supreme Court of the State of New York, in and for the County of
Suffolk. This action is brought in the County of Suffolk because it is the County of the Plaintiffs.
Dated: Sayville, New York
February 2024
OHN R. BYRNES .
Attorneys for Plainti f
53 Main Street, Suite 1
Sayville, NY 11782
631-589-3754
1 of 12
FILED: SUFFOLK COUNTY CLERK 05/17/2024
03/13/2024 03:22
08:04 PM INDEX NO. 606509/2024
Case
NYSCEF DOC. NO. 1 1:24-cv-03607 Document 1-2 Filed 05/17/24 Page 3 of 51
14 PageIDNYSCEF:
RECEIVED #: 9 03/13/2024
05/17/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------_________________________________________-____-------___________Ç
MARIA DAVANZO, Index No.
Plaintiff,
VERIFIED COMPLAINT
- against -
SELENE FINANCE LP,
Preview
FILED: SUFFOLK COUNTY CLERK 05/17/2024 03:22 PM INDEX NO. 606509/2024 NYSCEF DOC. NO. Case 14 1:24-cv-03607 Document 1 Filed 05/17/24 Page 1 of 4RECEIVED PageID #: 1 NYSCEF: 05/17/2024 UNITEDSTATESDISTRICT COURT EASTERNDISTRICT OF NEWYORK MARIA DAVANZO, ) ) Plaintiff, ) ) v. ) ) SELENEFINANCELP; SHELLPOINT 24 Civ. 3607 MORTGAGE ) CASENO. SERVICING; TRANS ) UNION, LLC; EQUIFAXINFORMATION ) SERVICES, LLC; and EXPERIAN ) INFORMATIONSOLUTIONS,INC., ) ) Defendants. ) ) NOTICE OFREMOVAL Sean Skedzielewski JONESDAY 250 Vesey Street New York, NY 10281 Telephone: 212.326.3462 Facsimile: 212.755.7306 Email: sskedzielewski@jonesday.com Attorneyfor Defendant Experian information Solutions, Inc. FILED: SUFFOLK COUNTY CLERK 05/17/2024 03:22 PM INDEX NO. 606509/2024 NYSCEF DOC. NO. Case 14 1:24-cv-03607 Document 1 Filed 05/17/24 Page 2 of 4RECEIVED PageID #: 2 NYSCEF: 05/17/2024 Pursuant to 28 U.S.C. § 1441 et seq., Defendant Experian Information Solutions, Inc. ("Experian"), hereby files this Notice of Removal of the above-captioned action to this Court and state as follows:: 1. Experian, Selene Finance LP ("Selene"), Trans Union, LLC ("Trans Union"), Shellpoint Mortgage Servicing ("Shellpoint"), and Equifax Information Services, LLC "Equifax," (individually collectively, "Defendants") are named Defendants in Civil Action No. 606509/2024 filed by Plaintiff Maria Davanzo ("Plaintiff") in the Supreme Court for the State of NewYork, County of Suffolk (the "State Court Action"). 2. The Complaint in the State Court Action was filed with the Clerk of the Supreme Court on March 13, 2024. 3. This Notice is being filed with this Court within thirty (30) days after Experian received a copy of Plaintiff's initial pleading setting forth the claims for relief upon which Plaintiff's action is based. 4. This Court is the proper district court for removal because the State Court Action is pending within this district. 5. Pursuant to 28 U.S.C. § 1446(a), a copy of all process, pleadings, and orders served upon Defendants in the State Court Action is attached hereto as Exhibit A. 6. Experian is a coÆoration which, for monetary fees, regularly engages in whole or in part in the practice of assembling consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. Experian uses means or facilities of interstate commerce for the purpose of preparing or furnishing consumer reports, agency" and therefore is a "consumer reporting within the meaning of 15 U.S.C. § 1681a(f). 2 FILED: SUFFOLK COUNTY CLERK 05/17/2024 03:22 PM INDEX NO. 606509/2024 NYSCEF DOC. NO. Case 14 1:24-cv-03607 Document 1 Filed 05/17/24 Page 3 of 4RECEIVED PageID #: 3 NYSCEF: 05/17/2024 7. Equifax and Trans Union are companies which, for monetary fees, regularly engage in whole or in part in the practice of assembling credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. Equifax and Trans Union use means or facilities of interstate commerce for the purpose of preparing or furnishing agency" consumer reports, and therefore each are a "consumer reporting within the meaning of 15 U.S.C. § 1681a(f). 8. Selene is a limited partnership which regularly furnishes information to one or more consumer reporting agencies about its transactions or experiences with consumers, and therefore information" is a "furnisher of within the meaning of 15 U.S.C. § 168ls-2. 9. Shellpoint is a company which regularly furnishes information to one or more consumer reporting agencies about its transactions or experiences with consumers, and therefore information" is a "furnisher of within the meaning of 15 U.S.C. § 168ls-2. 10. The claims for relief against Defendants alleged in the State Court Action arise under the Fair Credit Reporting Act, 15 U.S.C. §§ 168I et seq. Thus, this Court has original subject matter jurisdiction over the above-captioned action pursuant to 28 U.S.C. § 1331 and 15 U.S.C. § 168lp. The above-captioned action may properly be removed to this United States District Court pursuant to 28 U.S.C. § 1441(a). 11. Defendants that have been served with the summons and complaint in the State Defendants' Court Action consent to removing the above-captioned action to this court. consents to removal are attached hereto as Exhibits B, C, and D. While Shellpoint consents to removal, it has not yet been served with summons and complaint in this action and therefore its consent to removal is not required. 28 U.S.C. § 1446(b)(2)(A). 3 FILED: SUFFOLK COUNTY CLERK 05/17/2024 03:22 PM INDEX NO. 606509/2024 NYSCEF DOC. NO. Case 14 1:24-cv-03607 Document 1 Filed 05/17/24 Page 4 of 4RECEIVED PageID #: 4 NYSCEF: 05/17/2024 12. Promptly after the filing of this Notice of Removal, Defendants shall provide notice of the removal to Plaintiff through her attorney of record in the State Court Action, and shall file a copy of this Notice with the clerk of the Court in the State Court Action, as required by 28 U.S.C. § 1446(d). Dated: May 17, 2024 Respectfully submitted, Sean Skedzielewski JONESDAY 250 Vesey Street NewYork, NY 10281 Telephone: 212.326.3462 Facsimile: 212.755.7306 Email: sskedzielewski@jonesday.com Attorney f?>r Defendant Experian Information Solutions, Inc. 4 FILED: SUFFOLK COUNTY CLERK 05/17/2024 03:22 PM INDEX NO. 606509/2024 NYSCEF DOC. NO.Case 14 1:24-cv-03607 Document 1-1 Filed 05/17/24 Page 1 ofRECEIVED 2 PageID NYSCEF: #: 5 05/17/2024 JS 44 (Rev. 03/24) CIVIL COVERSHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the f ling and service of pleadings or other papers as required by law. except as provided by local rules of court This form. approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INS11)UTIoNSimNEYrPAGE of TIflS FoRM) L (a) PLAINTIFFS DEFENDANTS Maria Davanzo Serene Finance LP, ShellpointMortgageServicmg.Trans Union, tr£ Equifax nformation Services. LLC; and Experian Information Solutions. Inc (b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (li.WEPT IN l J.K PIAINTIFI-TASES) (IN l S. PIAINT/f F r 4,8F.50.VI.r NOTE: INLANDCONDEMNATION CASE5.USETHFI.OCATION OF THETRACTOFLANDINVOLVED (c) Attorneys (Firm Mune. Athlress, mid Telephmw Munher) Attorneys (/( Known) John R. Byrnes, 53 Main Street, Suite 1, Sayville, NY Sa°ª",Sc 11782 II. BASIS OF JURISDICTION (PHe an r mone nox only/ III. CITIZENSHIP OF PRINCIPAL PARTIES,rare (For Ihversrty ( 'ases only) an r mone æxlar Plumult arul one nox tor Ikjetulant) ¡ I U.S. Government ¡3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. tiovernment Not a ParF·) Cigizen of This Sgage ¡ I ¡ I Incorporated or Pnncipal Place of Busmess In This State ¡ 4 ¡ 4 ¡ 2 U.S. Governmeng Defendant ¡ 4 Diversity (Indocate Cou:enslup of Parnes mitem Ill) Citizen of Anogher State ¡ 2 O 2 Incorporated ar«l Pnncipal Place of Busmess In Another State ¡ 5 O S Citizen or Subjecaofa Foreign Country ¡ 3 O 3 Foreign NatNn ¡ 6 ¡ 6 IV. NATUREOF SUIT (PHe an "x" mone nox onlv/ Jick here for: Nature of S iit Code Descriptions. CONTRACT TORTS FORFEITURElPENALTY BANKRUPTCY OTHER STATUTES I 10 Insurance PERSONA L IN.IURY PERSONAL INJURY ]625 Drug Related Seizure 422 Appeal 28 USC158 375 False ClaumsAct 120 Manne 130 Miller Act 3l0 Airplane 3 l5 Airplane Product ¡ 365 Personal Injury - Product Liabiligy of Property 21 USC881 ]690 Ogher 423 Withdrawal 28 USC157 376 QHTam(3 I USC 3129(a)) 140 Negoliable Instrument Liability ¡ 367 Heahh Care/ INTELLECTUAL 400 SgageReappornonment ¡ 150 Recovery of Overpaymeng & Enforcement of Judgment ] 320 Assauh. Libel & Slander Pharmaccugical Personal hijury PROPERTY RIGHTS 410 Auntrust Employers' 820 Copynghgs _ 430 Banks and Bankmg 15I Medicare Aeg ] 330 Federal Product Liability _ 450 Commerce O 830 Patent 152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated - 460 Deponanon Student Loans 340 Marine Injury Product New Drug Appheation - CORacketeer Influenced and ¡ (Excludes Vegerans) 345 Marine Product Liability ] 840 Trademark Corrupt Orgamzanons 153 Recovery of Overpayment of Veteran's Benefus Liability 350 Motor Vehicle PERSONAL PROPERTY 370 Other Fraud 710 Fair Labor Standards ] 880 Defend Trade Secregs Ej 480 Consumer Credu (15 USC1681or 1692) ¡ 160 Stockholders' Suits 355 Motor Vehicle 371 Truth mLendmg Act Act of 2016 ] 485 Telephone Consumer ¡ 190 Other Contract Product Liabibly ¡ 380 Other Personal ]720 Labor Management SOCIALSECURITY Protection Act I 195 Contract Producg Liabiligy ] 360 Ogher Personal Property Damage Relagions 86 I HIA (1395ff) 490 Cable/SagTV 196 Franchise Injury ¡ 385 Propeny Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securines Commodit es ] 362 Personal Injur) - Product Liabghty 751 Family and Medical W 863 DIWC/DIW (405:g)) Exchange Medical Malpractice Leave Act 864 SSIDTitic XVI ] 890 Other Statutory Actions REALPROP --CNIL-RY0HTS PRISONER PETITIONS j 790 Other Labor Litigation 865 RSI (405(g)) ] 891 Agncultural Acts 210 Land Condemnanon j 440 Other Civil Rights Habeas Corpus: J 791 Employee Retirement 893 Environmental Alatters 220 Foreclosure ] 44 I Votmg 463 Alien Detamee Income Secunty Act 895 Freedom of Infonnation 230 Rent Lease & Ejectmeng 240 Torts to Land 442 Employmeng 443 Housmg/ 510 Motens to Vacate Sengence ] 870 Taxes (U,S. Plaintiff or Defendant) Act 896 ArbitratNn 245 Tort Product Liabahty Accommodatens ] 530 General ] 871 IRS-Third Party 899 Admemstrain e Procedure ¡ 290 All Other Real Propergy ] 445 Amer w. Disabahties - Employment ] 535 Death Penahy 26 USC7609 Act/Review or Appeal of _ Other: 462 Naturahzanon Apphcation Agency Decison ] 446 Amer. w.Disabahties - Other _ 540 Mandamus& Other 550 Civil Rughts 465 Other immigranon Acuons ] 950 Consatunonauts of State Statutes ] 448 Education 555 Prison Condition 560 Civil Detamee - ConditNns of Confinement V. ORIGIN (Place an mone nox onlv/ .1 I Origmal Proceedmg 2 Removedfrorn State Court C 3 Remanded from Appellate Court 4 Remstated or Reopened 5 Transferred Another from District 6 Multidistrict Litigation - 8 Multidistrget Litigation · (specify) Transfer Direct File Cite the U.S. Civ1l Statute under which you are Iibng (no not cite juriulictional statures unless diversiO-): 15 U.S.C 1681 VI. CAUSEOFACTION Brief description of cause: Allegedly knowing and wrongful false credit reporting VII. REQUESTEDIN CHECKIF THIS IS A CLASSACTION DEMAND S CHECKYESonly if demanded mcomplaint. COMPLAINT: UNDERRULE23, F.R.Cy P JURYDEMAND: Yes No ¡ VIII. RELATEDCASE(S) (See mstructu.msr JUDGE DOCKETNUMBER ' DATF SIGN, UREOFATTORNE OF CORD May 17, 2024 FOROFFICEt SEONL RECElPT# AMOh,NT APPLYING IFP JUDGE MAG.JUDGE FILED: SUFFOLK COUNTY CLERK 05/17/2024 03:22 PM INDEX NO. 606509/2024 NYSCEF DOC. NO.Case 14 1:24-cv-03607 Document 1-1 Filed 05/17/24 Page 2 ofRECEIVED 2 PageID NYSCEF: #: 6 05/17/2024 CERTIFICATIONOFARBITRATIONELIGIBILITY Local Arbitration Rule 83 7 provides that with certain exceptions, actions seeking moneydamages only man amount not excess of $ 150.000, m exclusive of interest and costs. are eligible for compulsory arbitration The amount of damages is presumed to be below the threshold amount unicss a certification to the contrary 1s filed Case is Ehgible for Arbitration |, SeanSkedzielowski ._ . counsel for ExpenanInfounape Spwions6. do hereby certify that the above captioned civil action as mehgible for compulsory arbitration for the following reason(s): monetary damages sought are in excess of $150.000. exclusive of interest and costs, the complaint seeks injunctive relIef, the matter is otherwise ineligible for the following reason STATEMENT- FEDERALRULESCIVIL PROCEDURE DISCLOSURE 7 Identify any parent corporation and any publicly held corporation that owns 10%or more or its stocks: Experian plc indirectly owns 100 percent of Experian Information Solutions, Inc. Experian plc is registered as a public company in Jersey, Channel Islands, and is publicly traded on the London Stock Exchange. RELATEDCASESTATEMENT(Section VIll on the Front of this Form) 'related- Please list all cases that are arguably related pursuant to Division of Business Rule 3 anSection Vill on the front of this form. Rule 3(a) provides that -A civil case is to another civil case for purposes of this guideline when because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a substantial saving of ' - judicial resources is likely to result from assigning both cases to the same judge and magistrate gudge Rule 3(a) provides that A civil case shap not be deemed "relate( to another civil case merely because the civil case involves identical legal issues, or the same parties." Rule 3 further provides that "Presumptively, and subject to the power of a judge to determine otherwise pursuant to paragraph (b), civil cases shas not be deemed to be 'related* unless both cases are still pendirtg court.- before the NY-E DMSIONOF BUSINESSRULE 1(d) 1.) Is the civil action being filed in the Eastern District removed from a NewYork State Court located in Nassau or Suffolk County? Yes No "no" 2.) If you answered above: a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof. occur in Nassau or Suffolk County? Yes No b) Did the events or omissions givin rise to the claim or claims, or a substantial part thereof, occur in the Eastern District? Yes No c) If this is a Fair Debt Collection Practice Act case, specify the County in which the offending communication was received: "No," Ifyour answer to question 2 (b) is does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or Suffolk County, or, in inte leader on, does the claimant (or a majority of the claimants, if there more than one) reside in Nassau or is Suffolk County? es No (Note: A corporation shall be considered a resident of the County in which it has the most significant contacts), BARADMISSION I am currently admitted in the Eastem District of NewYork and currently a memberIn good standing of the bar of this court Yes No Are you currently the subject of any disciplinary action (s) in this or any other state or federal court? Yes (If yes, please explain No I certify the accuracy of all information provided above, Signature: r - 4 LastModJaed I i-27-2017 FILED: SUFFOLK COUNTY CLERK 05/17/2024 03:22 PM INDEX NO. 606509/2024 Case NYSCEF DOC. NO. 14 1:24-cv-03607 Document 1-2 Filed 05/17/24 Page 1 of 51 PageIDNYSCEF: RECEIVED #: 7 05/17/2024 EXHIBIT A FILED: SUFFOLK COUNTY CLERK 05/17/2024 03/13/2024 03:22 08:04 PM INDEX NO. 606509/2024 Case NYSCEF DOC. NO. 1 1:24-cv-03607 Document 1-2 Filed 05/17/24 Page 2 of 51 14 PageIDNYSCEF: RECEIVED #: 8 03/13/2024 05/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ....------__________--________________________----______________________Ç MARIA DAVANZO, Index No. Plaintiff, Summons - against - Plaintiff Designates Suffolk County SELENE FINANCE LP, SHELLPOINT MORTGAGE as the Place of Trial SERVICING, TRANS UNION, LLC, EQUIFAX INFORMATION SERVICES, LLC, and Plaintiff's Address: EXPERIAN INFORMATION SOLUTIONS INC. 1011 Arctic Avenue Bohemia, NY 11716 Defendants. --------------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANT: You are hereby summoned and required to serve upon Plaintiff s attorney, at his address stated below, an answer to the attached Verified Complaint. If this summons was personally delivered upon you in the State of New York, the answer must be served within twenty days after such service of the summons, excluding the date of service. If the summons was not personally delivered to you within the State of New York, the answer must be served within thirty days after service of the summons is complete as provided by law. If you do not serve an answer to the attached complaint within the applicable time limitation stated above, a judgment may be entered against you, by default, for the relief demanded in the complaint, without further notice to you. The action will be heard in the Supreme Court of the State of New York, in and for the County of Suffolk. This action is brought in the County of Suffolk because it is the County of the Plaintiffs. Dated: Sayville, New York February 2024 OHN R. BYRNES . Attorneys for Plainti f 53 Main Street, Suite 1 Sayville, NY 11782 631-589-3754 1 of 12 FILED: SUFFOLK COUNTY CLERK 05/17/2024 03/13/2024 03:22 08:04 PM INDEX NO. 606509/2024 Case NYSCEF DOC. NO. 1 1:24-cv-03607 Document 1-2 Filed 05/17/24 Page 3 of 51 14 PageIDNYSCEF: RECEIVED #: 9 03/13/2024 05/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------_________________________________________-____-------___________Ç MARIA DAVANZO, Index No. Plaintiff, VERIFIED COMPLAINT - against - SELENE FINANCE LP,